Legal Question in Family Law in Illinois
My company is going to do a furlough, and my paycheck for that period will be less than half of what it normally is. I have to pay 20% for child support, I have a set amount to pay for child support, and if I pay that number on that check I will be paying 56% child support for that payment. Am I able to show my paystub to my daughters mother and say since I'm paid alot less for that check I can only give you 20% of that check? Or do I HAVE to pay that predermined amout regardless?
2 Answers from Attorneys
Only a court can modify a set amount. You need to file a motion to modify support.
You are still obligated to pay the Court ordered amount, but you can file a Motion to Modify to reduce that amount. It might make sense to hire an attorney depending upon the numbers. How long will your income be reduced? And, will you be saving money even after paying attorney's fees and Court costs? Depending upon a variety of factors, I might be able to help you. You may contact me directly for a free telephone consultation.